Revoking a Transfer on Death Deed in California

Transfer on death deeds allow individual landowners to transfer their real estate when they die, but outside of a will and without the need for probate. The transferor simply executes a TODD form, then records it during the course of his/her natural life, and within 60 days of the signing date (5626(a)). Unlike grant deeds or quitclaim deeds, however, there is no change in ownership when a transfer on death deed is recorded (5650).

As with transfer on death deeds, any change or revocation must be recorded DURING THE TRANSFEROR'S LIFE or it will be void.

Revocability is one of the unique features of transfer on death deeds. By retaining title to the property, it's easier for the transferor to respond to changes in circumstances or intentions. There are three ways to revoke a recorded TODD: transfer the real estate outright (in other words, use a standard deed, such as a grant or quitclaim deed, to convey the title away from the transferor); execute and record a new TODD, which automatically supersedes the previous document; or execute and record an instrument of revocation (5628-5632, 5660(c)).

While the statute allows three options for revocation, to maintain a clear title, it makes sense to record an instrument of revocation before either of the other two options. This provides a clear endpoint to the beneficiary's potential future interest, which reduces the chances for future claims against the title. Once the revocation is in place, the transferor may sell or redirect the property without worrying about the prior TODD.

Be aware, too, that the TODD is NOT affected by provisions in the owner's will (5642(b)). Best practices dictate that any change to an estate plan initiates a review of the whole thing, so to reduce the chance for conflict, make sure that the transfer on death deed, as well as any modifications or revocations, reinforces the will and other related documents.

Revoking a recorded transfer on death deed is a fairly simple process. Even so, it may not be appropriate in all cases. Contact an attorney for complex situations or with any questions.

Effective January 1, 2022 by California Senate Bill 315
A Revocation of a Revocable Transfer on Death Deed shall be signed by two persons who are both present at the same time and who witness you either signing the form or acknowledging the form. Then NOTARIZE your signature (witness signatures do not need to be notarized). RECORD the form in the county where the property is located.

(California Transfer on Death Revocation Package includes form, guidelines, and completed example)

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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Common Uses for Transfer on Death Revocation

Avoid probate costs and delays for your heirs
Update beneficiary designations after a life change
Ensure your property passes directly to heirs at death
Change a previously named property beneficiary
Simplify property transfer for your family after your passing

Compare other California deed forms and documents

Quitclaim Deed Gift Deed Warranty Deed Special Warranty Deed Grant Deed Deed Corrective Affidavit Transfer on Death Deed Transfer on Death Affidavit Interspousal Transfer Grant Deed Grant Deed for Life Estate Easement Deed Termination, Cancellation of Easement / Right of Way Special Durable Power of Attorney for the Sale of Property Special Durable Power of Attorney for the Purchase of Property Affidavit Death of Joint Tenant Affidavit of Surviving Spouse Long Form Deed of Trust Assignment of Deed of Trust Substitution of Trustee and Full Reconveyance Deed of Full Reconveyance Memorandum and Notice of Agreement Full Release of Memorandum and Notice of Agreement Assignment of Leases and Rents Release of Assignment of Leases and Rents. Personal Representative Deed Disclaimer of Interest Preliminary Notice Notice of Completion Notice of Mechanics Lien Mineral Deed Mineral Deed with Quitclaim Covenants Notice of Pending Action Release of Notice of Pending Action Certificate of Trust Trustee Deed Upon Sale

Important: County-Specific Forms

Our transfer on death revocation forms are specifically formatted for each county in California.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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